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American law essay 3 : Bush v. Gore 531 U.S. 98 (2000)

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columbia...

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  1. Abstract
  2. Facts of the case
  3. Question presented
  4. Conclusion
  5. Commentary

Bush v. Gore is a landmark decision of the Supreme Court in many regards. First because of its time constraint (the Electoral College had to meet on December 18th, which gave the Justices very little time to make a major decision), secondly because of its tremendous impact (the Court was given the opportunity to influence - if not to determine - the outcome of a Presidential election), and finally because of its content (many felt that the legal reasoning behind the decision had been dictated by a preset choice of outcome).
By looking at those three elements, we will try to understand why Bush v. Gore is such an important and controversial decision. We will then compare the treatment of Bush v. Gore case with the role of the French ?Conseil Constitutionnel? as an electoral jurisdiction.

[...] The legal content of Bush v. Gore is indeed questionable in several regards. First, a 7-2 majority held unconstitutional the uneven way the votes were being recounted. Justices mentioned in particular the use of different standards (full manual recounts in some counties, and partial recounts in others) which, according to them, violated the Equal Protection of Rights[2]. But it is a well known fact that presidential ballots, in the first place, take very different forms depending on the States: some have optical reading devices, others have punch-holes card systems, etc. [...]


[...] Commentary: Bush v. Gore is a landmark decision of the Supreme Court in many regards. First because of its time constraint (the Electoral College had to meet on December 18th, which gave the Justices very little time to make a major decision), secondly because of its tremendous impact (the Court was given the opportunity to influence - if not to determine - the outcome of a Presidential election), and finally because of its content (many felt that the legal reasoning behind the decision had been dictated by a preset choice of outcome). [...]

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